PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) OF THE CHAPMAN’S KIDS CLUBWEB SITE (THE “SITE”) CAREFULLY. BY USING THIS SITE YOU ARE AGREEING TO ACCEPT THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THIS SITE.

YOU SHOULD REVISIT THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS POSTED ON THE SITE AT THE TIME OF SUCH USE.

YOUR RIGHT TO USE THIS SITE

Provided that you comply with the Terms, you have the right to use this Site to (a) view various materials, including all information, documents, and other content on the Site (collectively, the “Materials”), and (b) subject to any other requirements that David Chapman’s Ice Cream Limited (“CHAPMAN’S” or “we”) may specify, access services (“Services”) provided on this Site and purchase or redeem points for products (“Products”) offered by CHAPMAN’S on this Site.

CHAPMAN’S reserves the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded, printed or otherwise received from or through the Site, at any time for any reason, without prior notice or liability, and at CHAPMAN’S’s sole discretion.

YOUR ACCOUNT

You may choose to register for an account on the Site. If you do, you will have access to your account by providing a username, email address and password. You are responsible for maintaining the confidentiality of your login credentials and for controlling access to your account and the computers or devices used to access your account.

If you are under the age of 13, you may only register for an account with the permission of your parent or legal guardian, and you must provide your parent or legal guardian’s email address during the registration process. Proof of your parent or legal guardian’s permission for you to use the Site must be provided to CHAPMAN’s immediately upon request.Please NOTE: Once a prize is claimed, the parent or legal guardian has 7 days to approve the prize claim. Once the seven (7) days has passed, the order will no longer be processed, and the prize(s) claimed will not be available for reorder until the following calendar year.

POINTS AND PRIZES

After creating an account on this Site, you may earn points for participating in activities and other Services provided on or through this Site. Points may be redeemed for prizes and other Products listed on the Site, subject to their availability and your compliance with these Terms. The number of points needed to be redeemed to win a Product is posted close or next to the description of the Product on the Site.

CHAPMAN’S reserves the right to:

change the number of points awarded for participating in an activity or needed to be redeemed to win a prize at any time for any reason at its sole discretion;

void and withhold any or all points or prizes gained by any person or group of persons and to void and withhold any points or prizes gained by any person or group of persons where we have reasonable grounds to believe that said person or group of persons is acting or has acted in an attempt to defraud or damage us or other users of this Site.

If your prize is returned to us, you will not be reimbursed points and your prize will not be resent.

ORDERS AND SALES

By placing an order for a Product through the Site, you accept these Terms and agree to be bound by them. Every order that you submit to us constitutes an offer to purchase your selected Products. We are not deemed to have accepted your order (or any part of your order) until the requested Product is shipped and we have sent you a shipment confirmation email.

CHAPMAN’S reserves the right to deny any order for any reason permitted by applicable law, including but not limited to the Products ordered no longer being available, our inability to process your order due to an error in the information you provided, or any suspected fraudulent activity. If we reject your order because of an error in the pricing or other information about the ordered Products, we will notify you at the email address provided and ask whether you would like to re-submit your order once the error has been corrected.

After we accept your order, you will not be required to pay more than the price that was displayed on our Site at the time that you placed the order unless otherwise agreed upon. For information about returns and exchanges, please see our Returns and Exchanges Policy.

RETURNS AND EXCHANGES

We do not offer refunds for items purchased on kidsclub.ca. You may exchange any item(s) that arrived in damaged or defective condition within 15 days of having received said item(s). Most exchanges are processed in 7-10 business days. Purchased items in need of exchange due to damage/defective condition will only be replaced with a new version of that same item. Upon receipt of your exchange request we will promptly email you directions on how you may return the product and any other steps necessary to satisfy your exchange.

TERMINATION OF ACCOUNTS AND CANCELLATION OF POINTS, REDEMPTIONS AND ORDERS

CHAPMAN’S reserves the right, at its sole discretion, to terminate your account, cancel any points, cancel any prize redemptions, and cancel any orders should any of the following conditions be met:

There are over 6 user accounts associated with your physical address;

You use an invalid email address, email address not owned by you, or a temporary email address;

You attempt to circumvent or compromise the security of the Site;

You modify or tamper with game winnings, point values or prices of Products;

You use or submit malicious code, requests, or input to or from the Site;

Your account is not accessed for a term of 12 months or more; or

You perform any act on this Site which is deemed unacceptable by CHAPMAN’S at its sole discretion.

DELIVERY

It is your responsibility to ensure your first and last name, along with your address (including your unit number) are both accurate and complete.

Shipping and handling charges for purchases will depend on certain variables, including your requested shipping time and the features of the Products you are ordering

PRIVACY

Any information that you provide in using the Site is subject to CHAPMAN’s Kids Club Privacy Policy. Please review this Privacy Policy as it governs our collection and use of your information.

OWNERSHIP OF MATERIALS ON THE SITE

The Materials on the Site are owned by CHAPMAN’S and its suppliers. They are copyrighted and protected by United States, Canadian and international intellectual property laws, treaties and conventions. You may not copy, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s). You also may not publish a hyperlink directly to a page on the Site, other than the default, index or home page found at http://www.chapmans.ca without the prior written permission of CHAPMAN’S.

The trademarks of CHAPMAN’S and others used on the Site are the property of CHAPMAN’S or their respective owners. You may not use any trademark displayed on the Site without the written permission of CHAPMAN’S or the respective owner. Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.

COMMUNICATIONS FROM YOU TO THE SITE

Except as specified in our Privacy Policy, all information and other content you send to the Site (“Communications”) will be considered non-proprietary and non-confidential. You agree to assign any rights you may have in the Communications to CHAPMAN’S and waive any residual rights you may have in the Communications, including moral rights. CHAPMAN’S shall have no obligations of any kind to you respecting your Communications and will be free to use them on an unrestricted basis for any purposes. You are prohibited from sending CHAPMAN’S or any other user of the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other Communications that would violate any law or the rights of others under applicable law.

THIRD PARTIES

From time to time this Site may contain references and links to content, products, services or other offerings of third parties (“Third Parties”). Such references and links do not constitute or imply an endorsement or recommendation by CHAPMAN’S of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties.

APPLICABLE LAWS

This Site is operated and controlled by CHAPMAN’S from its offices and resides on servers located within Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site.

CHAPMAN’S does not warrant or make any representations that any or all Materials and Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.

If any provision of the Terms is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any remaining applicable terms and provisions.

DISCLAIMER

EXCEPT AS OTHERWISE NOTED HEREIN, THE MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” BY CHAPMAN’S, WITHOUT ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Applicable laws may not allow the exclusion of implied warranties or conditions, so the above exclusion may not apply to you. To the extent permissible, any implied warranties, conditions or representations are limited to the fullest extent permitted by law. CHAPMAN’S makes no warranties, representations, or conditions of any kind regarding the sites, services, products, programmes or other offerings of Third Parties referenced on or accessible by means of the Site. CHAPMAN’S also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.

Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, CHAPMAN’S does not warrant or represent the accuracy and completeness of the Materials on the Site. CHAPMAN’S may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and CHAPMAN’S makes no commitment to update the Materials. CHAPMAN’S does not guarantee that all Products referenced on the Site will be available at all times. Products available from CHAPMAN’S at any given time may not be exactly as shown or described, and CHAPMAN’S reserves the right to improve or change the design of any Product without assuming any obligation to modify or replace any Product previously manufactured. CHAPMAN’S reserves the right to limit quantities.

LIMITATION OF LIABILITIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHAPMAN’S, OR ITS SUPPLIERS, WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) WHATSOEVER ARISING OUT OF THE SALE, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY THIRD PARTY SITES, OR THE MATERIALS, SERVICES, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CHAPMAN’S IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

ARBITRATION AND CLASS ACTION WAIVER

Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms; (b) the Site; (c) the sale, use, or inability to use any Services, Materials or Products offered or provided in connection with the Site; (d) oral or written statements, advertisements or promotions relating to the Terms or Site; or (e) the relationships which result from these Terms (including relationships with parties other than you and CHAPMAN’S) (collectively the "Claim"), will be referred to and determined by arbitration (to the exclusion of the courts). You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.

If you have a Claim, you should give written notice to arbitrate to us at 100 Chapman’s Crescent, Markdale ON, CA. If we have a claim we will give you notice to arbitrate at your email address or physical address. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one arbitrator pursuant to the Arbitration Act, 1991 (Ontario). The provisions in this section shall only be in effect to the extent that they are permitted under applicable laws.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless CHAPMAN’S and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of Services, your use or acquisition of Products on or through the Site, or your Communications to the Site.

CHANGES

We may change, modify, add or remove portions of these Terms at any time. We will notify you of any changes to these Terms by posting notice of such changes on Site or sending notice via email. Your continued use of the Site following notice of such change means that you agree to and accept the Terms as amended. If you do not agree to any modification of these Terms, you must immediately stop using the Site.